The Analysis On Optimizing China Entry And Exit Animal Quarantine Legal System From The SPS Perspective

The thesis firstly introduces the study progress of optimizing China entry and exit animal quarantine legal system from the SPS perspective and the resources and content,theorical and practical meaning of the study.Secondly,it explains the the background,main content and characteristics of the “SPS Agreement”;and summarizes the main characteristics of entry and exit animal quarantine legislations of other countries and regional organization from the SPS perspective,such as the high transparency in legislation,the application of equivalence,the basic function of risk analysis and the determination of the Appropriate Level of Sanitary or Phytosanitary Protection,effective use of precaution mechanism,quarantine standard system which fully harmonize with the international rules,the free area strategy for animal disease control etc..Thirdly,it introduces the history of China entry and exit animal quarantine legal system,analyses the present situation of the legal system,and points out the shortcomings of Construction principle of the legal System from the SPS perspective,such as top level design defect of entry and exit animal quarantine laws,the application of the precaution mechanism is limited in minimal range,lack of harmonization with International Standard,the problem of applying the equivalence betweent the different supervision systems,the basic function of risk analysis is not obvious,and lack of transparent in law-making etc..Because of these shortcomings,the relative entry and exit animal quarantine system shall be optimized and established.Finally the thesis suggests applying the relative requirements of “SPS Agreement” to China Entry and Exit animal quarantine legal system,and proposes the general principles,basic approach and specific advices of optimizing China entry and exit animal quarantine legal system as below: guarantee the biosecurity on the border,promote the harmonious development of society and economy.Focus on the improvement of top level design of entry and exit animal quarantine laws,expanding the scope of application of precaution mechanism,strengthen the harmonize with international standard,studying the equivalence of supervision system,ensuring the basic function of risk analysis,increasing transparency in law-making etc..Promote establishing the quarantine access system,risk analysis system,risk alert system,comment system of animal quarantine measures taken by other countries,quarantine standardization system,animal disease free area system,enterprise registration system,quarantine treatment system and punishments system.Make effort to set out,amend and repeal the entry and exit animal quarantine laws,regulations,decrees,standards,bilateral protocols and regulatory documents on the basis of the Law of the People's Republic of China on Entry and Exit animal and plant quarantine and it's Implementaion etc.,establish the entry and exit animal quarantine legal system with Chinese characteristics.